Why did the High Court order the demolition of a 26-story tower with 233 apartments and parking for 269 cars?
West Bengal News: The Calcutta High Court has ordered the demolition of a 26-story building in Kolkata’s New Town area. The court stated that the building was constructed without following necessary legal provisions and therefore must be demolished within two months. This tower is part of the Alita Garden Vista Society, which includes 233 flats, a commercial plaza, and parking space for 269 cars.
Last Friday, a bench said that the society’s 16th tower was built without the consent of the original flat owners, violating the West Bengal Apartment Ownership Act, 1972 and the West Bengal Premises Development Act, 1993. Furthermore, this construction reduced the flat owners’ share in the common area, which infringes upon the right to property under Article 300A of the Constitution.
Additionally, the State Vigilance Commission will investigate, under departmental and criminal laws, the engineers who signed the revised clearance plan and the officers of the New Town Kolkata Development Authority (NKDA) and others involved in approving the project.
‘Promoter suppressed important facts’
The court said in its order, ‘When an additional structure is built without the consent of the existing flat owners of 15 towers, there is no option but to demolish it. Moreover, the situation favors demolition because the original acceptance plan of 2007 only permitted the construction of 15 towers, based on which the aggrieved flat owners/appellants purchased their flats.’ The court further stated in its decision that the New Town Kolkata Development Authority cannot approve a revised plan while ignoring consent and ownership requirements under other laws, and this amounts to fraud as the promoter ‘suppressed important facts.’
23 floors and 1278 flats
Meanwhile, the promoter’s lawyer requested an adjournment from the court, but the court refused to consider their petition. In 2007, Capel Magus Private Limited announced a housing complex of about 15 towers, each with about 23 floors and a total of 1,278 flats. In 2014, the project was sold to Alita Garden Vista Projects. A year later, the new developer received a revised approval scheme for the 16th tower, which reduced the share of the common area.
What the court said in its order-
-Buyers of apartments and shops in the commercial plaza of Alita Garden Vista’s 16th tower will be refunded their money with 7 percent annual interest.
-Action will be initiated against the promoter and the officers who approved the building plan.
-Flat buyers and residents will be given one month’s permission to remove their belongings.
-The promoter and the New Town Kolkata Development Authority will demolish the tower at the promoter’s expense within two months.
Calcutta High Court
The Calcutta High Court, established in 1862, is the oldest High Court in India. It was founded under the High Courts Act of 1861 and is housed in a grand Gothic-style building inspired by the Cloth Hall of Ypres, Belgium. As a key institution from the British colonial era, it continues to serve as the highest judicial authority for the state of West Bengal and the Union Territory of the Andaman and Nicobar Islands.
Alita Garden Vista Society
I’m unable to find any verifiable historical or cultural information about a place called the “Alita Garden Vista Society.” It does not appear to be a widely recognized public garden, historical site, or cultural institution in major references. It is possible this refers to a private local organization, a fictional location, or a name with a specific local context not documented in common sources.
West Bengal Apartment Ownership Act, 1972
The West Bengal Apartment Ownership Act, 1972 is a legal statute, not a physical place or cultural site. It is a landmark piece of legislation that established the legal framework for individual ownership of apartments within a building, defining the rights and obligations of apartment owners in the Indian state of West Bengal.
West Bengal Premises Development Act, 1993
The “West Bengal Premises Development Act, 1993” is not a physical place or cultural site, but a piece of state legislation in India. It is a legal framework enacted to regulate the development, construction, and maintenance of premises (buildings and land) within West Bengal, aiming to ensure orderly urban growth and safety standards. Its history is rooted in the state’s efforts during the 1990s to modernize building regulations and address urban planning challenges.
New Town Kolkata Development Authority (NKDA)
The New Town Kolkata Development Authority (NKDA) is a planned satellite township established in the early 2000s to alleviate congestion in central Kolkata and serve as a modern hub for IT, business, and residential growth. It was developed on former wetlands and agricultural land in the state of West Bengal, with its creation formally authorized by the New Town Kolkata Development Authority Act of 2007. Today, it stands as a major economic center featuring contemporary infrastructure, parks, and high-rise complexes.
Capel Magus Private Limited
“Capel Magus Private Limited” does not appear to be a publicly recognized historical place, cultural site, or monument. It is likely a private business entity, such as a company or firm. Therefore, there is no notable cultural history or background available to summarize in this context.
Alita Garden Vista Projects
Based on available information, “Alita Garden Vista Projects” does not appear to be a widely recognized historical place, cultural site, or major landmark. It is most likely the name of a contemporary residential or commercial real estate development project. As such, it does not have a significant public history to summarize.
State Vigilance Commission
The State Vigilance Commission is an anti-corruption body established in various states of India, most notably in Kerala in 1963. Its primary function is to investigate and prevent corruption within the state’s public administration and government departments. Modeled on the central government’s Central Vigilance Commission, it operates as an independent watchdog to ensure integrity and transparency in state governance.
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